Frederick Renee Daye

• Alibi
• Third Party Guilt

● Defendant’s fiancée and another witness testified to seeing defendant away from scene of the crime. ● Mother of David Pringle, the other man charged with the crime, testified to her son’s acquaintance with Eddie Smallwood, who matched the eyewitness’ descriptions of the second attacker. ● Cousin of David Pringle testified that shortly after the attack, Eddie Smallwood offered to sell her two rings that were similar to the rings stolen from the victim.

• Eyewitness
• Forensic Evidence

• Fingerprint
• Serology

• Invalid

Both the victim and Daye were Type O secretors. The analyst “found the presence of O secretions” on the victim’s pant legs,” and concluded that “[i]t is likely that it is not a mixture of semen and vaginal secretions. It is likely it’s just semen.” Finally, the analyst concluded that the stains “would be consistent with Mr. Daye’s blood type.” However, the blood group substances in those stains could have entirely originated with the victim, where the stains could have been a mixture, and thus no donor could be excluded. See Part II.A.1 for a description of the problem of masking and non-quantification and discussion of similar cases. Analyst testified that latent print excluded defendant.

• Cross Racial Identification
• Victim

• Photo array

Yes ● Suggestive line-up – only one photo had dark complexion or the hair described ● Victim not told attacker might not be in line-up

“He told me he was going to show me about five pictures, and if there was any man in any of the pictures that looked similar or like the man that was there, that attacked me.” Victim testified that only the defendant’s photo, “one” photo in array had combed back, shiny hair she had described

Yes ● Discrepancies in description – hair, facial hair, could not recall height, weight

Described hair that was combed back straight, and facial hair (but could not recall if it was a full beard or not)

• Fourth Amendment
• Jackson Claim
• Jury Instructions
• Jury Selection
• Sentencing — Noncapital
• State Court Newly Discovered Evidence Claim
• State Law Evidence Claim
• Suggestive Eyewitness Identification

• G
• HE
• NP
• OG

People v. Daye, 223 Cal.Rptr. 569, 580 (Cal. App. 4 Dist. 1986) (ordered not published)